Profile
Ben practices in the areas of estate and gift tax planning, will and trust controversy, estate and trust administration, and asset protection planning. He has presented on related topics such as: Amending, Revoking or Otherwise Modifying the Irrevocable Trust, 53rd IICLE Estate Planning Short Course; Disinheritance Planning, 52nd IICLE Estate Planning Short Course; Twilight Competency: Protecting the Not-Yet-Incompetent Who Are Fading, Forgetful, or Foolish, 51st IICLE Estate Planning Short Course; and Common Pitfalls for Trustees and How to Avoid Related Litigation, IICLE Trust Administration Course. He is also the author of "The Promissory Note Problem: Why Refinancing a Promissory Note May Create Income Tax and Gift Tax Consequences" in Trusts & Estates Magazine. Ben graduated from the University of Illinois and from Northwestern University School of Law.
About Benjamin Feder
Admitted: 2002, Illinois
Professional Webpage: www.straussmalk.com/index.php?option=com_content&view=articl...
Bar/Professional Activity:
- Lake County Estate Planning Council Board Director
Scholarly Lectures and Writings:
- “Amending, Revoking or Otherwise Modifying the Irrevocable Trust,” 53rd IICLE Estate Planning Short Course, 2010
- "Common Pitfalls for Trustees & How to Avoid Related Litigation," IICLE Trust Administration Course-Essential Duties for Trustees and Their Advisors (Spring 2007)
- "Trust Protectors & Special Fiduciaries," 49th annual IICLE Estate Planning Short Course
- "Twilight Competency: Protecting The Not-Yet-Incompetent Who Are Fading, Forgetful, or Foolish," 51st annual IICLE Estate Planning Short Course
- "The Promissory Note Problem: Why Refinancing a Promissory Note May Create Income Tax and Gift Tax Consequences", Trusts & Estates Magazine
- “Advising the Client with Sudden Wealth” Journal of Taxation of Investments, co-author, 2005
- “Disinheritance Planning,” 52nd annual IICLE Estate Planning Short Course, 2009
Representative Clients:
- Representative Cases
Will Contest and Trust Contest
Represented corporate executor and trustee in defending decendent’s will and trust challenge against her son.
Son filed complaint seeking more than $2M alleging that his mother lacked testamentary capacity.
Represented decendent’s children in an action whereby decendent’s surviving spouse was to receive the bulk of the decendent’s estate pursuant to a purported will. Specifically, the children have alleged claims of undue influence and tortious interference in connection with six wills and various land trust beneficiary designation and modifications that were completed within the last four months of the decedent’s life.
Guardianship
The children filed a petition for guardianship seeking to get control of their elderly mother’s estate. The assets in the estate exceeded $10M, and the various claims alleged by the children necessitated a host of medical examinations. Ultimately, we were successful in having the petition dismissed.
Reformation and Trust Construction
Represented corporate trustee of $30M trust in reformation action seeking to clarify various outdated and otherwise ambiguous provisions (e.g., investment restrictions in violation of prudent investor rules).
Represent beneficiary in trust dispute over an $8M trust concerning the term “issue” and whether a limited power of appointment was validly exercised in his favor.
Breach of Fiduciary Duty
Represent the defendant in a breach of fiduciary duty matter where her siblings are seeking to recover compensatory damages, interest and forfeiture of trustee’s fees.Represent surviving spouse and step-daughter in breach of fiduciary duty matter where decedent’s son is alleging self-dealing by the trustees and failure to provide appropriate accountings.
Educational Background:
- Summa cum laude from the University of Illinois (B.A. in Economics, Bronze Tablet) and J.D. from Northwestern University School of Law